With Chevron gone, states must finish the job on judicial deference

February 06, 2026

Across the country, a quiet but important shift is underway in how courts review administrative agency decisions. Nineteen states have ended judicial deference to administrative agencies (including Kansas just this week), either through legislation or state court decisions. More are poised to follow. Bills are currently pending in states like Alaba ...

Notice & Comment: Regulation by Adjudication Gives Agencies Maximum Flexibility in Wielding Their Powers

February 06, 2026

An e-cigarette manufacturer follows an arduous set of standards to get its market applications approved by the Food and Drug Administration (FDA). The company completes the process as outlined, but the FDA still denies its applications. Why? The FDA changed the rules on a dime after the fact, without public input, without following the rulemaking p ...

Spencer Davenport

February 06, 2026

Spencer Davenport is an attorney in Pacific Legal Foundation’s Separation of Powers practice. His work focuses on combating the unchecked growth of the administrative state and protecting individual liberty from agency overreach.

San Francisco taxpayers sue over race-based reparations ordinance

February 05, 2026

San Francisco taxpayers challenge the city’s race-based reparations ordinance as unconstitutional under the Equal Protection Clause.

Californians for Equal Rights Foundation et al. v. San Francisco Human Rights Commission et al.

February 05, 2026

San Francisco taxpayers challenge the city’s race-based reparations ordinance as unconstitutional under the Equal Protection Clause.

Ohio entrepreneur seeks Supreme Court ruling on right to share information

February 05, 2026

When Mike Yoder started flying drones, he wasn't trying to make a statement. He was trying to solve a problem common among hunters in his area: Game sometimes runs off after being shot, and hunters have a hard time locating it. Using drones equipped with thermal imaging technology, Mike's company, Drone Deer Recovery, helps hunters locate downed ...

Nathan Kane

February 05, 2026

Nathan Kane works in Pacific Legal Foundation’s Separation of Powers practice, which fights to protect individual liberty from governmental abuse.

How a case from 1606 answers an upcoming Supreme Court question about just compensation

February 04, 2026

In 1606, Britain was in a state of perpetual defense. The nearly 20-year Anglo-Spanish war had finally ended two years prior, and the Crown was eager to rebuild his now-depleted resources. If the war had taught him anything, it was how quickly England could be attacked. Military readiness wasn't just prudent—it was necessary. Foreign threats a ...

The Tennessean: Repealing these laws can improve healthcare access in TN

February 04, 2026

Congress's new Rural Healthcare Transformation (RHT) Program promises $50 billion to areas in danger of losing local hospitals. But the money isn't guaranteed, as states must apply for a grant. Each application is scored not only by need but also on whether the state enforces anticompetitive laws in healthcare. Chief among these bad policies are ce ...

The Hill: Congress must reclaim authority over public lands

February 04, 2026

For decades, the executive branch has unilaterally withdrawn vast tracts of federal land from productive use through a mechanism known as a public land order. For instance, the Biden administration in 2023 signed Public Land Order 7917, which withdrew more than 225,000 acres of land in northern Minnesota from mineral development. According to ex ...